BURMA: Company linked to retired army officers bulldozes Muslim cemetery

The Asian Human Rights Commission (AHRC) has received details about a private company in Burma that with the backing of retired army officers sent bulldozers in the dead of night to destroy an historic Muslim cemetery so that the land can be claimed for commercial activities. The destruction was stopped after interventions from the local community, but extensive damage was already done and it is feared that the company will use further techniques to force the cemetery off the land. The case is another that illustrates the shifting character of rights abuse in many parts of Burma, from direct violations committed by the armed forces or police to those where private companies backed by serving and former government officials play a key role.

According to information obtained by the AHRC, three bulldozers entered a historic Muslim cemetery in Meikhtila, upper Burma, around 2am on 25 July 2011 and began destroying gravesites without prior warning. After the intervention of the local Muslim community, they left the cemetery at about 11am on the same day. However, extensive damage had already been done to some graves. The bulldozers also have reportedly not been withdrawn completely but are still situated nearby, with the intention that they might be used again.

Some photographs of the bulldozers and the damage caused, as seen in the daylight hours, are here: photo-1, photo-2, photo-3, photo-4 and photo-5.

The local Muslim leaders have alleged that the nighttime bulldozer raid on the cemetery was carried out at the behest of a local private company that wants to use the land for commercial activities. Two of the company officials are former army officers, and the Muslim community fears that they will use their influence to force the cemetery to relocate so that the land can be used commercially. The grounds of the cemetery have already been extensively damaged and the amount of damage already caused may be used to justify a takeover.

The community has called upon the government, police and other groups and key individuals to support its right to stay on the land, and to afford it protection against unlawful intrusion onto the land and destruction of gravesites. It is also reportedly preparing to lodge legal action against the trespass and damage caused.

Further details of the case are in the sample letter below: your action is required to address the issues both of forced confiscation of land and also the assault and criminal case against the farmers.

BACKGROUND COMMENTS:

The raided cemetery and adjacent mosque have been situated at the same site in Meikhtila for over 150 years. Evidence also suggests that Muslims may have settled at the site much earlier. The land titles are made out to the religious committee responsible for the premises. The private company has no legal rights whatsoever to the land.

The local authorities had reportedly warned for some time that they intended to take control of the land, but according to information received by the AHRC, had given the impression that they wanted to use the land for a park. After the bulldozer raid, it is clear that the intention is to occupy the land for commercial purposes.

According to local sources, many buildings and much land around the Meikhtila township that had previously been taken over by the government decades earlier after non-Burmese residents were forced out of the country is now being assessed and resold to make profits for local officials, and the Islamic glebe land is viewed as another source of quick income.

ADDITIONAL COMMENTS:

This case is another that speaks to the emergence of new forms of private-military economic interests in Burma responsible for human rights abuses in Burma.

Previously the AHRC had issued an appeal on the case of a group of farmers who themselves were criminally prosecuted for defying orders concerning the use of their land: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-073-2011.

Although the prosecution resulted in conviction and imprisonment of the farmers, we are pleased to note that on appeal they were released from custody, although not acquitted. Rather, the appeal court reduced their sentences to cover time already served. However, the question of ownership of the land in that case also remains unresolved.

There are many other hundreds, probably thousands, of cases of a similar sort emerging from Burma at the moment, some of which the AHRC is closely following and documenting, in which a nexus of military, commercial and administrative interests are responsible for human rights abuses.

For more commentary on these and other human rights issues in Burma, visit the Burma page on the new AHRC website: http://www.humanrights.asia/countries/burma

REQUESTED ACTION:
Please write to the persons listed below to call for an investigation into this incident and for guarantees that the cemetery will not again be raided or forced to relocate because of commercial interests. Please note that for the purposes of the letter Burma is referred to by its official name, Myanmar.

Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on Myanmar and on freedom of religion or belief calling for interventions into this case.

SAMPLE LETTER:

Dear ___________,

MYANMAR: Private company attempts to destroy historic Muslim cemetery

Place of incident: Green Land Islamic Glebe Land, Meikhtila Township, Mandalay Region, Myanmar

Date and time of incident: Around 2am on 25 July 2011

Persons identified as responsible:
1. Captain Htun Htun Win, retired
2. Colonel Ko Ko Kyi, retired
3. Zekamba U Khin Shwe, owner of the private company involved

I am writing to you regarding a covert nighttime attempt to destroy an historic Muslim cemetery in the north of Myanmar, apparently in order that the land can be occupied for commercial purposes.

According to the information that I have received, three bulldozers entered the historic Muslim cemetery in the Green Land Islamic glebe land in Meikhtila around 2am on 25 July 2011 and began destroying gravesites. After the intervention of the local Muslim community, they left the cemetery at about 11am on the same day. However, extensive damage had already been done to graves, tombstones and walls.

The local Muslim leaders have alleged that the nighttime bulldozer raid on the cemetery was carried out at the behest of a private company owned by U Khin Shwe that wants to use the land for commercial activities. Two of the company officials are former army officers, Captain Htun Htun Win and Colonel Ko Ko Kyi, and the Muslim community fears that they will use their influence to force the cemetery to relocate so that the land can be used commercially.

Previously, the community had been aware of plans to convert part of the site into parkland; however, it is now clear from this incident that it is a blatant attempt at land grabbing and profiteering off a religious compound.

I note that the cemetery was established over 150 years ago and that since 2002 no new burials have taken place at the site, in accordance with an administrative order. Since then it has been preserved as a heritage site.

The community has called upon the government, police and other groups and key individuals to support its right to stay on the land, and to afford it protection against unlawful intrusion onto the land and destruction of gravesites. I join these calls, noting that under article 362 of the 2008 Constitution of the Union of Myanmar, Islam is recognized as a religion of Myanmar, and that under article 364 "any act which is intended or is likely to promote feelings of hatred, enmity or discord between racial or religious communities or sects is contrary to this Constitution".

Furthermore, I call for a police investigation into this incident to establish who was responsible for the sending of the bulldozers into the glebe land in order that criminal charges are brought against them, so that a clear message is sent to businesses and influential persons in Myanmar that this sort of action will not be tolerated.